Bill Text: IA HF2561 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to protections for certain potential recipients of anatomical gifts. (Formerly HF 2118.) Effective date: 07/01/2020.
Spectrum: Committee Bill
Status: (Passed) 2020-06-25 - Signed by Governor. H.J. 791. [HF2561 Detail]
Download: Iowa-2019-HF2561-Enrolled.html
House
File
2561
-
Enrolled
House
File
2561
AN
ACT
RELATING
TO
PROTECTIONS
FOR
CERTAIN
POTENTIAL
RECIPIENTS
OF
ANATOMICAL
GIFTS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
135.192
Protections
of
certain
prospective
recipients
of
anatomical
gifts.
1.
A
hospital,
physician,
or
other
person
shall
not
determine
the
ultimate
recipient
of
an
anatomical
gift
based
upon
a
potential
recipient’s
disability,
except
to
the
extent
that
the
disability
has
been
found
by
a
physician,
following
a
case-by-case
evaluation
of
the
potential
recipient,
to
be
medically
significant
to
the
provision
of
the
anatomical
gift.
2.
Subsection
1
shall
apply
to
each
part
of
the
anatomical
gift
process
including
all
of
the
following:
a.
The
referral
from
a
primary
care
provider
to
a
specialist.
b.
The
referral
from
a
specialist
to
a
transplant
center.
c.
The
evaluation
of
the
patient
for
the
transplant
by
the
transplant
hospital.
d.
The
consideration
of
the
patient
for
placement
on
the
list
of
potential
transplant
recipients
pursuant
to
42
C.F.R.
§121.7.
3.
A
person
with
a
disability
shall
not
be
required
to
demonstrate
postoperative
independent
living
abilities
in
order
to
be
placed
on
the
list
of
potential
transplant
recipients
pursuant
to
42
C.F.R.
§121.7
if
there
is
evidence
House
File
2561,
p.
2
that
the
person
will
have
sufficient,
compensatory
support
and
assistance.
4.
A
court
shall
accord
priority
on
its
calendar
and
handle
expeditiously
any
action
brought
to
seek
any
remedy
authorized
by
law
for
purposes
of
enforcing
compliance
with
this
section.
5.
This
section
shall
not
be
deemed
to
require
referrals
or
recommendations
for,
or
the
performance
of,
a
medically
inappropriate
transplant
of
a
part.
6.
As
used
in
this
section:
a.
“Anatomical
gift”
means
the
same
as
defined
in
section
142C.2.
b.
“Disability”
means
the
same
as
defined
in
the
federal
Americans
with
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
seq.
Sec.
2.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
may
designate
section
135.192,
as
enacted
in
this
Act,
as
a
new
subchapter
within
chapter
135,
entitled
“PROTECTIONS
FOR
POTENTIAL
RECIPIENTS
OF
ANATOMICAL
GIFTS”.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2561,
Eighty-eighth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor
